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Brief Observation on Arbitration Agreement and Arbitral Award - Focusing on Construction Disputes - (중재합의와 중재판정에 관한 소고 -건설분쟁을 중심으로-)

  • Cho Dae-Yun
    • Journal of Arbitration Studies
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    • v.14 no.1
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    • pp.273-314
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    • 2004
  • There is a belief in the construction industry that the traditional court system may not be an ideal forum to effectively and efficiently resolve construction disputes due to the protracted proceedings and the three tier appeal system resulting in a long delay in the final and conclusive settlement of the dispute, relatively high costs involved, the lack of requisite knowledge and experience in the relevant industry, etc. Hence, they assert that certain alternative dispute resolution ('ADR') methods, such as mediation, conciliation, arbitration or a new system for dispute settlement in the form of any combination thereof should be developed and employed for construction disputes so as to resolve them more promptly and efficiently to the satisfaction of all the disputants concerned. This paper discusses certain merits of such assertions and the need for additional considerations for effective resolution of the construction disputes in light of the complexity of the case, importance of expert witnesses, parties' relationship and non-level playing field of the construction industry and so on. At the same time, however, given the inherent nature of disputes rendering the parties involved in an adversarial position, it would rather be difficult, if not practically impossible, to satisfy all the parties concerned in the dispute. Accordingly, in this study, it is also purported to address the demerits of such assertions by studying the situation from a more balanced perspective, in particular, in relation to the operation of such ADRs. In fact, most of such ADRs as stipulated by special acts, such as the Construction Industry Basic Act of Korea, in the form of mediation or conciliation, have failed to get support from the industry, and as a result, such ADRs are seldom used in practice. Tn contrast, the court system has been greatly improved by implementing a new concentrated review system and establishing several tribunals designed to specialize in the review and resolution of specific types of disputes, including the construction disputes. These improvements of the court system have been warmly received by the industry. Arbitration is another forum for settlement of construction disputes, which has grown and is expected to grow as the most effective ADR with the support from the construction industry. In this regard, the Korean Commercial Arbitration Board ('KCAB') has established a set of internal rules end procedures in operation to efficiently handle construction disputes. Considering the foregoing, this paper addresses the most important elements of the arbitration, i.e., arbitration agreement and arbitral award, primarily focusing on the domestic arbitrations before the KCAB. However, since this parer is prepared for presentation at the construction disputes seminar for the public audience, it is not intended for academic purposes, nor does it delve into any specific acadcmic issues. Likewise, although this paper addresses certain controversial issues by way of introduction, it mainly purports to facilitate the understanding of the general public, including the prospective arbitrators on the KCAB roster without the relevant legal education and background, concerning the importance of the integrity of the arbitration agreement and the arbitral award. In sum, what is purported in this study is simply to note that there are still many outstanding issues with mediation, conciliation and arbitration, as a matter of system, institutional operation or otherwise, for further study and consideration so as to enhance them as effective means for settlement of construction disputes, in replacement of or in conjunction with the court proceeding. For this purpose, it is essential for all the relevant parties, including lawyers, engineers, owners, contractors and social activists aiming to protect consumers' and subcontractors' interests, to conduct joint efforts to study the complicated nature of construction works and to develop effective means for examination and handling of the disputes of a technical nature, including the accumulation of the relevant industrial data. Based on the foregoing, the parties may be in a better position to select the appropriate dispute resolution mechanism, a court proceeding or in its stead, an effective ADR, considering the relevant factors of the subject construction works or the contract structure, such as the bargaining position of the parties, their financial status, confidentiality requirements, technical or commercial complexity of the case at hand, urgency for settlements, etc.

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A Study on the Construction Process of the Garden in 'Unbo's House' Focused on the Individual Relationship (인물관계로 본 '운보의 집' 정원의 조영과정)

  • Shin, Hyun-Sil
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.36 no.3
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    • pp.149-159
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    • 2018
  • The study is aimed at establishing basic data to identify the original forms of the garden in Unbo's House. Through interviews and related data comparison analysis the ideas and major events of the person involved in establishing a garden in Unbo's House. Also, derived the direct and indirect effects of these people on gardening. The results are as follows: First, Those directly related to garden in Unbo's House are representative figures of cultural heritage and traditional art in Korea. Based on their expertise and abundant experience in traditional spaces, they contributed greatly to the creation of Unbo's House as a traditional space. Unbo Kim, Gi-Chang who directly influenced Unbo's House gardening, which affected the site selection, location, and the installation of major garden plant plants and traditional landscaping facilities. Hyegok Choi, Soon-Woo recommended Wabon Kim, Dong-Hyun at the request of Kim Ki-Chang and was involved in the overall plan. Housing design, space design and design of major facilities such as pond were confirmed Wabon Kim Dong-Hyun. Second, Kim, Gi-Chang's wife Jeong, Rae-Hyun, who motived to construct a garden. Nosan Lee, Eun-Sang and Korean artist Lee, Seok-Ho were created a signboard and board of the Pillar to encourage simple life in paintings. The themes of the article motived image as creative. In addition, Kim, Hyeong-Sik and Kim, Wan who son of Unbo, has been with Unbo for a long time, watching and influencing garden changes in Unbo's House. Third, The main factors that influenced the garden by character are as follows. Unbo Kim, Ki-Chang had a thorough record-setting spirit and his longing for his mother and wife affected the selection of the site and setting the direction of the garden. His art world with the symbolic emphasis of traditional landscapes, including traditional facilities, and especially plant materials. Choi, Sun-Woo reflected his traditional consciousness and experience in the construction of Unbo's House. Kim, Dong-Hyun applied the basic framework of a traditional building based on Yeonkyongdang hall in Changdeokgung palace. He also reflected on the traditional landscaping design the facilities of ponds acquired through excavation of Donggung Palace and Wolji Pond, Gyeongju. Nosan Lee, Eun-Sang and Lee, Seok-Ho completed their unique place in Unbo's House. Kim, Hyung-Sik was involved in the process of changing, while Kim Wan ran the Unbo's House which he inherited from Kim, Ki-Chang.

Present Status and Prospect of Valuation for Tangible Fixed Asset in South Korea (유형고정자산 가치평가 현황: 우리나라 사례를 중심으로)

  • Jin-Hyung Cho;Hyun-Seung O;Sae-Jae Lee
    • Journal of Korean Society of Industrial and Systems Engineering
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    • v.46 no.1
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    • pp.91-104
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    • 2023
  • The records system is believed to have started in Italy in the 14th century in line with trade developments in Europe. In 1491, Luca Pacioli, a mathematician, and an Italian Franciscan monk wrote the first book that described double-entry accounting processes. In many countries, including Korea, the government accounting standards used single-entry bookkeeping rather than double-entry bookkeeping that can be aggregated by account subject. The cash-based and single-entry bookkeeping used by the government in the past had limitations in providing clear information on financial status and establishing a performance-oriented financial management system. Accordingly, the National Accounting Act (promulgated in October 2007) stipulated the introduction of double-entry bookkeeping and accrual accounting systems in the government sector from January 1, 2009. Furthermore, the Korean government has also introduced International Financial Reporting Standards (IFRS), and the System of National Accounts (SNA). Since 2014, Korea owned five national accounts. In Korea, valuation began with the 1968 National Wealth Statistics Survey. The academic origins of the valuation of national wealth statistics which had been investigated by due diligence every 10 years since 1968 are based on the 'Engineering Valuation' of professor Marston in the Department of Industrial Engineering at Iowa State University in the 1930s. This field has spread to economics, etc. In economics, it became the basis of capital stock estimation for positive economics such as econometrics. The valuation by the National Wealth Statistics Survey contributed greatly to converting the book value of accounting data into vintage data. And in 2000 National Statistical Office collected actual disposal data for the 1-digit asset class and obtained the ASL(average service life) by Iowa curve. Then, with the data on fixed capital formation centered on the National B/S Team of the Bank of Korea, the national wealth statistics were prepared by the Permanent Inventory Method(PIM). The asset classification was also classified into 59 types, including 2 types of residential buildings, 4 types of non-residential buildings, 14 types of structures, 9 types of transportation equipment, 28 types of machinery, and 2 types of intangible fixed assets. Tables of useful lives of tangible fixed assets published by the Korea Appraisal Board in 1999 and 2013 were made by the Iowa curve method. In Korea, the Iowa curve method has been adopted as a method of ASL estimation. There are three types of the Iowa curve method. The retirement rate method of the three types is the best because it is based on the collection and compilation of the data of all properties in service during a period of recent years, both properties retired and that are still in service. We hope the retirement rate method instead of the individual unit method is used in the estimation of ASL. Recently Korean government's accounting system has been developed. When revenue expenditure and capital expenditure were mixed in the past single-entry bookkeeping we would like to suggest that BOK and National Statistical Office have accumulated knowledge of a rational difference between revenue expenditure and capital expenditure. In particular, it is important when it is estimated capital stock by PIM. Korea also needs an empirical study on economic depreciation like Hulten & Wykoff Catalog A of the US BEA.

A Study on the correlation between a streetscape image and a signboard density - Focused on roadside buildings occupation density of signboard in the business area - (가로경관이미지와 간판밀도와의 상관관계에 관한 연구 - 상업지역 연도건물의 간판 점유밀도를 중심으로 -)

  • Kim, Yun-Hee;Rhee, Jae-Won
    • Archives of design research
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    • v.18 no.4 s.62
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    • pp.287-296
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    • 2005
  • The street image in a business area is so much affected by Facade that the front side of a roadside building makes. Recently, for the indiscreet and intemperate advertising signboard of the front side of roadside buildings, a streetscape becomes more disordered than before, so now we need to do research about signboards of roadside buildings for a streetscape image. In this research, we focused on a streetscape with difference of occupation density of signboard in the business area via investigation and analysis about occupation density of signboards of the front side of roadside buildings, and we suggested optimum occupation density of signboards for supporting the road image positively. An object of research is the street in the business area that has many pedestrians and active passing zone of cars. We investigated and analyzed how to feel street images on the rate of occupation density of roadside building's signboards of in the chosen street. As a result of using an adjective that we use for estimating street view images for extraction of street images, we could know 2 factors. We named that one is the image of recognition, and the other is the image of feelings. We knew that signboard density of street of heavily recognized images is from 20% to 30% and, signboard density of street of heavily feeling images is from 50% to 60%. We also could know that people feel both images of recognition and images of feeling in specific density, 30 to 50%. Through this result of research, we can suggest Facade on signboard density with the recognition and the feeling and use images of the street view as materials to be more specific and more special.

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A Research on the Creative Behavior of Children's Plays in Sangsang Children's Park, Seoul City (서울시 상상어린이공원의 창의 놀이 행태 분석 연구)

  • Kang, Young-Jai;Kim, Yo-Seob;Cho, Se-Hwan
    • Journal of the Korean Institute of Landscape Architecture
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    • v.40 no.5
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    • pp.109-118
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    • 2012
  • The study is aimed to suggest a preliminary data on the improvement of children's recreational facility to enhance children's creativity at Sangsang Children Park Project(SCPP) in Seoul Metropolitan City being the case study. The book review, especially the field observation was implemented by the video recording methods for analyzing the children's play behavior with regard to the six sites of the SCPP that was constructed in March 2008 until May 2010. Because of the research, the first 21 patterns of the creative activities were shown. Second, the prime using rates of facilities were the combination of play facilities among other play facilities like swings, slides, trembling horse etc. However, more children's creative behaviors occurred on independent play facilities like swing, trembling horse, etc. than at combination play facilities. Third, children's creative behaviors diversely occurred at a moving or fluid facility like a swing, trembling horse and a spatial facility like sand field more than a fixed facility like combination play facility. Fourth, children's creative behavior could be divided and evaluated by five categories and elements of fluency: the flexibility, the creativity, the elaborateness, and the imagination. Nevertheless, it was assumed that the creative elements of the five categories were mixed together with each other instead of showing an individual characteristic. Fifth, based on this analysis, the research reached out to the conclusion that the combination play facility of imaginary children's park would be designed together with more fluid and spatial facilities to improve the children's creativity. Finally, It was proposed that the play facilities of imaginary children's park like drawing wall or board, spatial play facilities and handicraft facilities etc. would be introduced to improve sorts of creativeness on elaborateness and imagination shown less than the fluency, flexibility, and originality.

A Study on Formulation of Surfactant-free Aqueous Cleaning agents and Evaluation of Their Physical Properties and Cleaning Ability (계면활성제 무첨가 세정제의 배합 및 물성/세정성 평가 연구)

  • Lee, Jae Ryoung;Yoon, Hee Keun;Lee, Min Jae;Bae, Jae Heum;Bae, Soo Jeong;Lee, Ho Yeoul;Kim, Jong Hee
    • Clean Technology
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    • v.19 no.3
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    • pp.219-225
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    • 2013
  • Environment-friendly and surfactant-free aqueous cleaning agents have been developed in order to solve various problems generated by surfactants in the aqueous cleaning agents. Aqueous surfactant-free cleaning agents, S-1 and S-2 have been formulated with water-soluble solvents such as propylene glycol and propylene glycol ether on their main components and with some additives. These solvents were chosen because of their good solubility in water and excellent solubility of fluxes which are major contaminants of printed circuit board in the electronic industry. Physical properties of the formulated and the imported cleaning agents were measured to predict their cleaning performance, and their cleaning abilities of flux and solder contaminants were evaluated under the various ultrasonic frequencies by a gravimetric method. The measurement results show that the physical properties of cleaning agent V are generally similar with those of formulated cleaning agents S-1 and S-2. Both the cleaning agent V and the formulated cleaning agents S-1 and S-2 showed similar trends that their pH decrease in the beginning and then increases later on with the increase of their dilution in water. It is considered that the wetting indices of the cleaning agents calculated with experimental values do not not have any influence on their cleaning ability. In ultrasonic cleaning tests under three ultrasonic frequencies of 28, 45, and 100 kHz, their best performances of cleaning solder and flux were obtained at 45 kHz and 28 kHz, respectively, and the cleaning performance of the formulated cleaning agents S-1 and S-2 was better than that of the cleaning agent V. However, in the case of the recommended diluted concentration of 25 wt% cleaning solution, the cleaning performance of the cleaner V for solder and flux was better in the initial stage of cleaning compared to the formulated cleaners. And it may be concluded that the formulated cleaning agents S-1 and S-2 can be applied to cleaning of solder and flux in the industry, based on the experimental results in this study.

Favorable Outcome in Elderly Asian Patients with Metastatic Renal Cell Carcinoma Treated with Everolimus: The Osaka Urologic Oncology Group

  • Inamoto, Teruo;Azuma, Haruhito;Nonomura, Norio;Nakatani, Tatsuya;Matsuda, Tadashi;Nozawa, Masahiro;Ueda, Takeshi;Kinoshita, Hidefumi;Nishimura, Kazuo;Kanayama, Hiro-Omi;Miki, Tsuneharu;Tomita, Yoshihiko;Yoshioka, Toshiaki;Tsujihata, Masao;Uemura, Hirotsugu
    • Asian Pacific Journal of Cancer Prevention
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    • v.15 no.4
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    • pp.1811-1815
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    • 2014
  • Background: In clinical trials with no upper age limit, the proportion of older patients is usually small, probably reflecting the more conservative approach adopted by clinicians when treating the elderly. An exploratory analysis of elderly patients in the RECORD-1 Trial showed that patients ${\geq}$ 65 y.o. had superior median PFS than overall RECORD-1 population (5.4 months and 4.9 months, respectively). We investigated the efficacy, relative benefit and safety of Everolimus (EVE) as sequential therapy after failure of VEGFr-TKI therapy for older patients with metastatic renal cell cancer (mRCC), in daily practice. Materials and Methods: 172 consecutive IRB approved patients with mRCC (median age 65, M:F 135/37, 78% clear cell) who received salvage EVE at 39 tertiary institutions between October 2009 and August 2011 were included in this analysis. Some 31% had progressed on sunitinib, 22% on sorafenib, 1% on axitinib, 41% on sequential therapy, and 5% had received other therapy. Patients with brain metastases were not included and 95% of the patients had a ECOG (Eastern Cooperative Oncology Group) performance status (PS) of 0 or 1. Previous radiotherapy was an exclusion criterion, but prior chemotherapy was permitted. Adequate organ function and hematologic parameters were mandatory. EVE administration was approved by the institutional review board at each participating institution and signed informed consent was obtained from all patients. Results: Median time of the whole cohort to last follow-up was 3.5 months (range 0.4-15.2 months). Forty four percent were continuing to take EVE at last followup. There were 86 (50%) patients ${\geq}$ 65 y.o. and 86 (50%) <65 y.o. The percentage of patients who showed PR/SD was higher in the older group than in the younger one (5.9%/61.2% vs 1.2%/46.5%, respectively). Median survival of older patients was also significantly longer (3.5 +/- 0.31 vs 3.1 +/- 0.34, hazard ratio=0.45, CI; 0.255-0.802). Analysis using Cox regression model adjusted for gender, PS, number of metastases, site of metastases, histology, smoking history and age detected an association between age and PFS (p=0.011). The frequency of adverse events in elderly patients treated with EVE was no greater than that in younger patients, although such toxicity may have had a greater impact on their quality of life. Conclusions: Older patients should not generally be excluded from accepted therapies (mTOR inhibitors after failure of VEGFr-TKI therapy) for mRCC.

A Study on the Improvement of Capital Gains Tax Act through the Analysis of the Precedents of the cases of the lawsuit - Focusing on the transfer of inherited and donated property - (행정소송판례 검토를 통한 양도소득세법 개선방안 - 상속·증여받은 자산의 양도를 중심으로 -)

  • Yu, Soon-Mi;Kim, Hye-Ri
    • Management & Information Systems Review
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    • v.38 no.4
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    • pp.61-78
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    • 2019
  • When calculating gains from transfers of assets inherited or donated, the value recognized at the market price as of the date of inheritance or acquisition is recognized as the actual transaction value at the time of acquisition. However, Precedents for the appeal for review by the NTS, the request for adjudgment by the Tax Tribunal(TT) and the request of examination by the Board of Audit and Inspection of Korea(BAI) and the cases of the lawsuit have not shown a consistent results on how much such a the actual transaction value will be measured. This study investigates the operating state of the current tax appeal system using the statistical data of the TT, NTS, and BAI and cases of the lawsuit from 2008 to 2017, and suggests the Improvement of Capital Gains Tax Act on the transfer of inherited and donated property. As a result, total number of requested cases has diminished because cases of the pre-assessment review and the reconsideration appeal by the NTS have decreased steadily over the past decade, while the cases of the lawsuit and the administrative trials(the request for adjudgment by the TT, the appeal for review by the NTS, and the request of examination by the BAI) have been steadily increasing. Also This study found that more than 40% of the complainants proceeded with the cases of the lawsuit proceedings in disagreement with the disposition of tax dissatisfaction under the administrative trials. In addition, Even though the retrospective appraisal price is not recognized as the market price due to the strict interpretation of the tax regulations, it can be seen that it is interpreted as a more expanded concept in the application of the market price than the government office or the tax judge. Therefore, according to the precedents of the cases lawsuit, it is necessary to establish a regulation on the recognition of retroactive appraisal value.

Supercargo and Temporary Passengers (화물관리인과 임시승선자)

  • Choi, Suk-Yoon;Hong, Sung-Hwa;Ha, Chang-Woo
    • Proceedings of the Korean Institute of Navigation and Port Research Conference
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    • 2018.11a
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    • pp.225-227
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    • 2018
  • This research paper examines the history and present of 'temporary passengers' prescribed in Paragraph 9 of Article 5 of the Ships Safety Act Enforcement Regulations and suggests improvement plans referring to the examples of legislation of other countries. In 2015, Ministry of Ocean and Fisheries made authoritative interpretation that Paragraph 9 of Article 5 of the Ships Safety Act Enforcement Regulations, which prescribes special cargo drivers such as agricultural, marine or livestock vehicles as temporary passengers, is applied only to passenger ships and not to cargo ships such including Ro-Ro cargo ships. As the authoritative interpretation of the Ministry does not agree with not only the traditional interpretational methodology but also the interpretational methodology that are commonly used today, it lacks logical basis and looks unpersuasive. Paragraph 9 of Article 5 of the Ships Safety Act Enforcement Regulations can be applied not only on passenger ships but also on cargo ships. Also in case of Ro-Ro cargo ships, it is logically contradictory and against fairness not to acknowledge special cargo vehicle drivers as temporary passengers when there is no problem with safe navigation and safety of passengers on board even when the sailor, the sailor's family and the ship owner may be acknowledged as temporary passengers. To avoid unnecessary disputes and lawsuits, improvement plans using theory of legislation through statutory reform is more desirable. Therefore, the P aragraph should be amended to "Supercargo who deals with cargo that requires special care due to the characteristics of the cargo, such as transportation vehicles for agricultural products, marine products, livestock, explosives or flammable materials (drivers can serve as supercargos)" to reflect the distinct characteristics of cargo and ship navigation in Korea including the current distribution system, while setting an objective standard based on common sense of ordinary people and not on arbitrary interpretation.

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Real-time Nutrient Monitoring of Hydroponic Solutions Using an Ion-selective Electrode-based Embedded System (ISE 기반의 임베디드 시스템을 이용한 실시간 수경재배 양액 모니터링)

  • Han, Hee-Jo;Kim, Hak-Jin;Jung, Dae-Hyun;Cho, Woo-Jae;Cho, Yeong-Yeol;Lee, Gong-In
    • Journal of Bio-Environment Control
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    • v.29 no.2
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    • pp.141-152
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    • 2020
  • The rapid on-site measurement of hydroponic nutrients allows for the more efficient use of crop fertilizers. This paper reports on the development of an embedded on-site system consisting of multiple ion-selective electrodes (ISEs) for the real-time measurement of the concentrations of macronutrients in hydroponic solutions. The system included a combination of PVC ISEs for the detection of NO3, K, and Ca ions, a cobalt-electrode for the detection of H2PO4, a double-junction reference electrode, a solution container, and a sampling system consisting of pumps and valves. An Arduino Due board was used to collect data and to control the volume of the sample. Prior to the measurement of each sample, a two-point normalization method was employed to adjust the sensitivity followed by an offset to minimize potential drift that might occur during continuous measurement. The predictive capabilities of the NO3 and K ISEs based on PVC membranes were satisfactory, producing results that were in close agreement with the results of standard analyzers (R2 = 0.99). Though the Ca ISE fabricated with Ca ionophore II underestimated the Ca concentration by an average of 55%, the strong linear relationship (R2 > 0.84) makes it possible for the embedded system to be used in hydroponic NO3, K, and Ca sensing. The cobalt-rod-based phosphate electrodes exhibited a relatively high error of 24.7±9.26% in the phosphate concentration range of 45 to 155 mg/L compared to standard methods due to inconsistent signal readings between replicates, illustrating the need for further research on the signal conditioning of cobalt electrodes to improve their predictive ability in hydroponic P sensing.